McLeod v. District Court of the Fifth Judicial District of the State of Nevada ex rel. County of Nye
Nevada Supreme Court
Original proceeding. Certiorari by P. D. McLeod, relator, against the District Court of the Fifth Judicial District in and for the County of Nye, and Mark R. Averill, Judge thereof. [Petition for rehearin g pen din g. ] The lower court' was without jurisdiction to consider and rule upon defendant’s so-called objection to the cost bill and motion to retax costs, no ground therefor having been specified nor good cause shown for the exercise of any discretionary power of the…
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Original proceeding. Certiorari by P. D. McLeod, relator, against the District Court of the Fifth Judicial District in and for the County of Nye, and Mark R. Averill, Judge thereof. [Petition for rehearin g pen din g. ] The lower court' was without jurisdiction to consider and rule upon defendant’s so-called objection to the cost bill and motion to retax costs, no ground therefor having been specified nor good cause shown for the exercise of any discretionary power of the court. To invoke the exercise of discretionary jurisdiction, it is imperatively necessary that such a motion be noticed…
1Opinion of the Court
By the Court,
McCarran, J.:
This is a proceeding in certiorari. The petitioner was plaintiff in an action commenced in the justice court of Tonopah township against E. E. Bertram for the sum of $90, balance alleged to be due for services rendered. Judgment in the justice court was rendered in favor of the defendant, Bertram, and from that judgment petitioner appealed to the district court of the Fifth judicial district of the State of Nevada. In a trial held in that court before a jury verdict was rendered in favor of the plaintiff, petitioner herein, for the amount claimed. On *343motion of the…
2Cases cited5 opinions
- Brande v. Babcock Hardware Co.Montana Supreme Court · 1907
- King v. AllenMontana Supreme Court · 1903
- Bringgold v. City of SpokaneWashington Supreme Court · 1898
- Adams v. SimpsonWashington Supreme Court · 1913
- Radovich v. Western Union Telegraph Co.Nevada Supreme Court · 1913
3Cited by1 opinion
- Iveson v. Second Judicial District CourtNevada Supreme Court · 1949